Armchair Lawyers Part 2: Sacking a new staff member

Dave M said:
The 2 years you mention is the minimum time you need to be in continuous employment to bring an unfair dismissal case - so no, he won't face an unfair dismissal case no matter how stupidly he handles it.

He could however face constructive dismissal, if the guy has grounds to quit and has been treated unreasonably / harassed. There are also race/age/sex discrimination laws he can claim under - if for example he felt he was actually sacked because of one of these protected categories.

The biggy for the OP though is wrongful dismissal - if your contract/written statement/employee handbook says you give 1 months notice, that is what you give, unless you have a strong case for gross misconduct (normally theft or violence).
Click to expand...

As above .

Just let them go , it's never an easy thing to do but the business has to come first . Other members of staff will be looking at you as management to sort this out , in my experience it's them that take the brunt of it with extra work.
 
RaohNS said:
Quick update:

Half my Xmas will be paid for in 15 working days :cool:

Very helpful guy on the phones. Said it should have had my name on there. Can see it was made from my account (went quiet when he read the payment reference \o.

So I should be able to recoup some money now :)

No arrests made for opening someone else's post as it should have come to me in the first place
Click to expand...
some good news for you there ;)
 
In a probationary period it would be normal to have reviews so that the person knows of anything they are lacking at. A monthly review allows them to adjust or work on areas they are struggling in and also for them to raise concerns too. However, afaik an employer does not have to give a reason why they wish to terminate in a probationary period although it would be polite to do so, also, probationary periods can be extended.
Careful though as it sounds like you have never been here before and doing or saying the wrong thing could open the situation to law courts! I would guess that you would have to demonstrate that you gave the employee a fair crack of the whip, so to speak, if it were to end up in a court. I doubt it would as employees don't have much law to fall back on unless they have been employed for 2 years, unless something has changed in recent times.
 
scotty365 said:
In a probationary period it would be normal to have reviews so that the person knows of anything they are lacking at. A monthly review allows them to adjust or work on areas they are struggling in and also for them to raise concerns too. However, afaik an employer does not have to give a reason why they wish to terminate in a probationary period although it would be polite to do so, also, probationary periods can be extended.
Careful though as it sounds like you have never been here before and doing or saying the wrong thing could open the situation to law courts! I would guess that you would have to demonstrate that you gave the employee a fair crack of the whip, so to speak, if it were to end up in a court. I doubt it would as employees don't have much law to fall back on unless they have been employed for 2 years, unless something has changed in recent times.
Click to expand...

Thats the thing, highly unlikely you will say anything to get you into trouble as unless its sexual, racial, ageist or disability related they cant take you to a tribunal anyway.
 
If you've spoken to them previously regarding their standard of work and have written proof that you've advised them how to improve, the fact they are within their probation period and if they've still not improved there is no need for warnings you can just advise that it's not working out and you are ending the probation.

However, don't wait, do it now. They can walk into a Seasonal job at this time of year and they have the chance of getting full time employment from it. If you wait, they are going to be screwed.
 
Tell them they have not matched the required standard in the 6months. Do not state any examples.

Pay them off to the end of the week/Month depending on how they are paid and escourt them off the premises. Within the hr or time to clear desk.

The law is on your side.
 
Greebo said:
Thats the thing, highly unlikely you will say anything to get you into trouble as unless its sexual, racial, ageist or disability related they cant take you to a tribunal anyway.
Click to expand...

Unless its a complaint which is isn't, then you do not have to provide any feedback. Especially at 6 months.

In truth you can get rid of anyone now without question within 3 years.
 
You must log in or register to reply here.
Back
Top Bottom